Dáil Éireann Debate, Wednesday - 6 May 2026
644. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration the current status of pre-legislative scrutiny of the Civil Reform Bill 2025 by the Joint Oireachtas Committee on Justice; the expected publication date of the draft Bill; the timeline for its progression through the Oireachtas; and if he will make a statement on the matter. [32509/26]
View answer645. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration further to the announcement that the proposal to initiate certain judicial review applications in the Circuit Court is being dropped; the specific reforms now proposed within the High Court process to deliver the efficiencies originally sought; and if he will make a statement on the matter. [32510/26]
View answer646. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration his response to concerns raised by the Bar of Ireland and human rights organisations during pre-legislative scrutiny that the proposed public-interest test in judicial review proceedings under the Civil Reform Bill 2025 may place unnecessary barriers in the path of citizens seeking remedy in court; and if he will make a statement on the matter. [32511/26]
View answer647. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration the reason certain provisions in the Civil Reform Bill 2025 depart from the recommendations of the Kelly Report; whether he will consider amendments during legislative scrutiny to align the Bill more closely with those recommendations; and if he will make a statement on the matter. [32512/26]
View answer648. Deputy Pádraig O'Sullivan asked the Minister for Justice, Home Affairs and Migration whether the Civil Reform Bill 2025, as currently drafted, includes adequate safeguards for effective court oversight in public law litigation, particularly given concerns raised about the proposed standing and public-interest tests; and if he will make a statement on the matter. [32513/26]
View answerI propose to take Questions Nos. 644, 645, 646, 647 and 648 together.
On 16 December 2025, the Government approved the General Scheme of the Civil Reform Bill 2025. The General Scheme has been submitted for pre legislative scrutiny, and was considered by the Justice Committee on 24 March.
Subject to drafting, it is intended to publish the Bill in Quarter 3 2026 and, in line with commitments in the Accelerating Infrastructure Report and Action Plan, and subject to Oireachtas approval, for the Bill to be enacted no later than Quarter 2 2027. An explanatory memorandum will be published to accompany the Bill.
Amongst a range of improvements to civil law procedures, the Bill will codify the existing law on judicial review, placing it on a statutory basis. Key reforms should ensure that the system cannot be misused on purely technical grounds, costs are reduced where possible and litigants have sufficient standing to properly challenge decisions. The General Scheme included a provision to allow certain judicial reviews to be decided at Circuit Court level. After consideration, the policy objectives behind this proposal, namely lowering costs, greater efficiency and improved access to justice can be achieved through reformed High Court procedures.
Given the significant challenges currently facing our State in terms of housing shortages, energy deficits, inadequate water supplies and climate changes, all of which are exacerbated by the demands of a rising population, we can no longer delay on reform of the judicial review system. I am confident that the Civil Reform Bill will remove weaknesses in the current Judicial Review regime, eliminate impediments to progress and deliver reform for the public benefit. I am also confident that measures in the Bill preserve the right of the citizen to ensure that public bodies act lawfully and are accountable for their decisions.
Another major area of reform in the Bill is in relation to Discovery, which will be replaced with a system of Production of Documents, focused on those documents which parties intend to, or are reasonably likely to, rely on at trial. The Kelly Report found that economically stronger parties frequently weaponised the current discovery regime to effectively impede the less well-resourced party in the conduct of proceedings. The reforms I am introducing should minimise both delay and cost in the conduct of civil litigation in the State and achieve greater equality between parties.
The proposed Bill, in implementing the recommendations of the Kelly Report, will also provide for a suite of civil reform measures including the creation of case conduct principles, a presumption against granting of adjournments, limiting the term of a Lis Pendens; deemed discontinuance of civil actions and a requirement for plaintiffs in personal injuries actions to distinguish between pre-existing injuries and those which are the subject of the claim.
Further, the Bill will amend the general monetary jurisdiction of the District Court from €15,000 to €20,000, the Circuit Court generally from €75,000 to €100,000 and for Personal Injuries proceedings from €60,000 to €100,000. These changes will result in more non-complex cases being heard in lower courts, in particularly Personal Injuries Cases, and should reduce legal costs.
